alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Notices]
[Pages 38348-38349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15366]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy and Infectious Diseases; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious 
Diseases Special Emphasis Panel; NIAID Clinical Trial Planning Grant 
(R34 Clinical Trials Not Allowed) and NIAID Clinical Trial 
Implementation Cooperative Agreement (U01 Clinical Trial Required).
    Date: August 16, 2021.
    Time: 1:00 p.m. to 5:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institute of Allergy and Infectious Diseases, 
National Institutes of Health, 5601 Fishers Lane, Room 3G58, 
Rockville, MD 20892 (Virtual Meeting).
    Contact Person: Anuja Mathew, Ph.D., Scientific Review Officer, 
Scientific Review Program, Division of Extramural Activities, 
National Institute of Allergy and Infectious Diseases, National 
Institutes of Health, 5601 Fishers Lane, Room 3G58, Rockville, MD 
20852, 301-761-6911, <a href="/cdn-cgi/l/email-protection#ee8f809b848fc0838f9a868b99ae808786c0898198"><span class="__cf_email__" data-cfemail="a0c1ced5cac18ecdc1d4c8c5d7e0cec9c88ec7cfd6">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS)


[[Page 38349]]


    Dated: July 15, 2021.
David W. Freeman,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2021-15366 Filed 7-19-21; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### UNITED STATES of America, Plaintiff-Appellee v. Ausencio ESTRADA-MONTALVO, Defendant-Appellant.

No. 08-10370

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Jan. 14, 2009.

Camille Elizabeth Sparks, U.S. Attorney’s Office Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

Charles M. Bleil, Federal Public Defender’s Office Northern District of Texas, Dallas, TX, for Defendant-Appellant.

Before SMITH, STEWART and SOUTHWICK, Circuit Judges.

PER CURIAM: *

Ausencio Estrada-Montalvo appeals the 90-month sentence imposed following his conviction by guilty plea to illegal reentry after deportation. *See 8*U.S.C. § 1326(a), (b)(2). Estrada-Montalvo argues that the district court erroneously believed that it lacked the authority to vary from the advisory guidelines range based on the Government’s refusal to move for an additional level decrease under U.S.S.G. § 3El.l(b). The district court’s decision not to grant a variance does not indicate that it believed that it lacked the authority to impose a non-guidelines sentence. The totality of the circumstances reveals that the district court denied the requested variance because it believed that a within guidelines sentence was appropriate. *See United States v. Newson,*515 F.3d 374, 379 (5th Cir.), *cert. denied,*—— U.S.—— , 128 S.Ct. 2522,171 L.Ed.2d 802 (2008).

Estrada-Montalvo argues that the case should be remanded for resentencing because the Government declined to file a motion for an additional level decrease under § 3El.l(b), amounting to an “incorrect application of the Guidelines.” We review the Government’s refusal to move for the additional level decrease to determine whether that refusal was based on an unconstitutional motive or was not rationally related to a legitimate end. *See Newson,*515 F.3d at 378-79. Estrada-Montalvo does not argue that the Government’s refusal to file the motion was based on an unconstitutional motive; a defendant’s refusal to waive his right to appeal is a basis rationally related to the purposes of § 3El.l(b). *See id.*Estrada-Montalvo argues that the district court erred in refusing to award him the additional level decrease for acceptance of responsibility under § 3El.l(b), but, as he concedes, the argument is foreclosed by *Newson. See Newson,*515 F.3d at 378.

Estrada-Montalvo argues that the district court erred in assessing the 16-level crime of violence increase based on his prior conviction for burglary of a habi*865tation in reliance on his Texas judicial confession, but, as he concedes, his argument challenging the district court’s reliance on his judicial confession is foreclosed by *United States v. Garcia-Arellano,*522 F.3d 477, 481 (5th Cir.), *cert. denied,*— U.S.—, 129 S.Ct. 353, 172 L.Ed.2d 138 (2008).

AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
# C_2020077EN.01005002.xml

| 9.3.2020 | EN | Official Journal of the European Union | C 77/50 |
| --- | --- | --- | --- |

9.3.2020

EN

Official Journal of the European Union

C 77/50

---

Order of the General Court of 16 January 2020 — Hemp Foods Australia v EUIPO — Cabrejos (Sativa)

(Case T-128/19) (1)

(Action for annulment - EU trade mark - International registration designating the European Union - No recording of the change in ownership in the international register - No locus standi - Inadmissibility)

(2020/C 77/71)

Language of the case: English

Parties

Applicant: Hemp Foods Australia Pty Ltd (Sydney, Australia) (represented by: M. Holah and P. Brownlow, Solicitors)

Defendant: European Union Intellectual Property Office (represented by: E. Markakis, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: César Raúl Dávila Cabrejos (Lima, Peru) (represented by: L. Estropá Navarro, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 16 November 2018 (Case R 1041/2018-2), relating to opposition proceedings between Mr Cabrejos and Raw With Life Pty Ltd as Trustee for Benhaim Trading Trust.

Operative part of the order

| 1. | The action is dismissed as inadmissible. |
| --- | --- |

1.

The action is dismissed as inadmissible.

| 2. | Hemp Foods Australia Pty Ltd shall pay the costs. |
| --- | --- |

2.

Hemp Foods Australia Pty Ltd shall pay the costs.

---

(1)  OJ C 182, 27.5.2019.

---
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, June 10, 2015.

I certify that the above is a true extract from the minutes of

the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, June 10, 2015

The Court of Appeals hereby passes the following order

A15D0411. S.D.E. INC. v. TIMOTHY C. FINLEY, JR..

Upon consideration of the Application for Discretionary Appeal, it is ordered that it be

hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of this

order. The Clerk of State Court is directed to include a copy of this order in the record

transmitted to the Court of Appeals.

LC NUMBERS:

14SCA3420
# C_2019406EN.01003301.xml

| 2.12.2019 | EN | Official Journal of the European Union | C 406/33 |
| --- | --- | --- | --- |

2.12.2019

EN

Official Journal of the European Union

C 406/33

---

Judgment of the General Court of 20 September 2019 — Sixsigma Networks Mexico v EUIPO — Dokkio (DOKKIO)

(Case T-67/19) (1)

(EU trade mark - Opposition proceedings - International registration designating the European Union - Word mark DOKKIO - Earlier EU figurative mark representing two diagonal lines followed by a vertical line and a circle - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2019/C 406/43)

Language of the case: English

Parties

Applicant: Sixsigma Networks Mexico, SA de CV (Mexico, Mexico) (represented by: C. Casas Feu, lawyer)

Defendant: European Union Intellectual Property Office (represented by: E. Śliwińska, J. Crespo Carrillo and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Dokkio, Inc. (San Mateo, California, United States) (represented by: A. Kylhammar and L. Morin, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 21 November 2018 (Case R 1187/2018-2), relating to opposition proceedings between Sixsigma Networks Mexico and Dokkio.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Sixsigma Networks Mexico, SA de CV to pay the costs. |
| --- | --- |

2.

Orders Sixsigma Networks Mexico, SA de CV to pay the costs.

---

(1)  OJ C 112, 25.3.2019.

---
Consent of Independent Registered Public Accounting Firm

 

The Board of Directors and Stockholders

Young Innovations, Inc.:

We consent to the incorporation by reference in the registration statements (Nos. 333-138323, 333-61572, 333-65673 and 333-57742) on Form S-8 of Young Innovations, Inc. of our reports dated March 2, 2007, with respect to the consolidated balance sheets of Young Innovations, Inc. and subsidiaries as of December 31, 2006 and 2005, and the related consolidated statements of income, stockholders’ equity, and cash flows for each of the years in the three-year period ended December 31, 2006, and the related financial statement schedule, management’s assessment of the effectiveness of internal control over finanical reporting as of December 31, 2006, and the effectiveness of internal control over financial reporting as of December 31, 2006, which reports appear in the December 31, 2006, annual report on Form 10-K of Young Innovations, Inc.

(signed) KPMG LLP

 

Chicago, Illinois

March 2, 2007
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Justice

###### Antitrust Division

                    Notice is hereby given that, on June 16, 2021, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), Electrified Vehicle and Energy Storage Evaluation (“EVESE”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, The Dow Chemical Company, Midland, MI, has been added as a party to this venture. In addition, AMTE Power, Ltd., Caithess, UK, has withdrawn as a party to this venture.                

No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and EVESE intends to file additional written notifications disclosing all changes in membership.

                    On September 24, 2020, EVESE filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on October 15, 2020 (85 FR 65423).                

                    The last notification was filed with the Department on February 10, 2021. A notice was published in the                     **Federal Register**                     pursuant to section 6(b) of the Act on March 10, 2021 (86 FR 13750).                

Suzanne Morris, 

                        Chief, Premerger and Division Statistics,                         *Antitrust Division.*

[FR Doc. 2021-15818 Filed 7-23-21; 8:45 am]

BILLING CODE P
<PAGE>   1

                                                                   EXHIBIT 10.24

                HEALTHDYNE INFORMATION ENTERPRISES, INC. ("HIE")
                        EMPLOYEE STOCK PURCHASE PLAN (A)
         ENROLLMENT, PAYROLL DEDUCTION AUTHORIZATION AND WITHDRAWAL FORM

                                  CONFIDENTIAL

To:      HIE Human Resources Department

Fm:                                              ;
         ----------------------------------------   ---------------------------
                      (printed name)                          (signature)
Date:
         ----------------------------------------

Subj:    Employee Stock Purchase Plan ("ESPP")

1.       INDICATE WITH AN X ONE (AND ONLY ONE) START DATE (INCLUDING THE YEAR)
FROM THE FOLLOWING LIST: 

         _____ January 1, 199__ (b)              _____ April 1, 199__ (b) 
         _____ July 1, 199__ (b)                 _____ October 1, 199__ (b)

2.       INDICATE THE DOLLAR AMOUNT TO BE WITHHELD FROM YOUR PAYCHECK EACH
         PAYDAY: $__________________ (MUST BE at least $25, but less than 10% of
         such compensation)

3.       PRINT THE EXACT NAME FOR THE STOCK CERTIFICATE AND COMPLETE MAILING
ADDRESS:

-------------------------------------------------------------------------------
-------------------------------------------------------------------------------

4. PRINT THE NAME, RELATIONSHIP (IF ANY) AND ADDRESS OF YOUR DESIGNATED
BENEFICIARY (TO BE USED IN THE EVENT OF YOUR DEATH):
                                                    ---------------------------
-------------------------------------------------------------------------------

THE FOLLOWING IS APPLICABLE ONLY TO ESPP PARTICIPANTS DESIRING TO STOP THEIR
PAYROLL DEDUCTIONS FOR THE ESPP:

Stop my ESPP payroll deductions effective with the payroll period starting
______________(date) and (CHECK ONE) _________ return my accumulated ESPP
payroll deductions (without interest) to me as soon as possible OR _____ use my
accumulated ESPP payroll deductions to purchase the appropriate number of shares
of HIE common stock at the end of the quarterly period as provided for by the
ESPP.

                -----------------------------------------------

NOTES: A copy of the HIE ESPP is available at the reception desk in each office.
       Once enrolled, your enrollment will carryover to future quarters. In
       other words, you do not have to enroll each quarter to remain in the
       ESPP. To terminate your participation in the ESPP while still an
       employee, you must complete the TERMINATION section of this form above
       and submit it to Payroll. 

                 ----------------------------------------------

FOR PAYROLL USE ONLY: Reviewed by -                    Date -
                                    ------------------        -------------
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM AHL
SERVICES, INC. CONDENSED CONSOLIDATED BALANCE SHEET AT MARCH 31, 1997 AND THE
CONDENSED CONSOLIDATED STATEMENT OF INCOME FOR THE THREE MONTHS ENDED MARCH 31,
1997, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH CONDENSED
CONSOLIDATED FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                           2,017
<SECURITIES>                                         0
<RECEIVABLES>                                   35,339
<ALLOWANCES>                                       375
<INVENTORY>                                          0
<CURRENT-ASSETS>                                40,768
<PP&E>                                          16,521
<DEPRECIATION>                                   8,731
<TOTAL-ASSETS>                                  53,894
<CURRENT-LIABILITIES>                           23,964
<BONDS>                                         22,333
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           109
<OTHER-SE>                                       3,938
<TOTAL-LIABILITY-AND-EQUITY>                    53,894
<SALES>                                         60,424
<TOTAL-REVENUES>                                60,424
<CGS>                                           45,428
<TOTAL-COSTS>                                   45,428
<OTHER-EXPENSES>                                13,324
<LOSS-PROVISION>                                    34
<INTEREST-EXPENSE>                                 648
<INCOME-PRETAX>                                  1,078
<INCOME-TAX>                                       427
<INCOME-CONTINUING>                                651
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       651
<EPS-PRIMARY>                                      .08
<EPS-DILUTED>                                      .08
        

</TABLE>
EXHIBIT 99.5
 Certifications Furnished Pursuant to 18 U.S.C. Section 1350,
As Adopted Pursuant to  Section 906 of the Sarbanes-Oxley Act of 2002
  1.
    
    The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and
 2.
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 Date:  March 19, 2010
    /s/  Kathryn B. McQuadeKathryn B. McQuadeExecutive Vice President and
Chief Financial Officer Page 1 of 2




---



##### 



EXHIBIT 99.5
 Canadian Pacific Railway Company
  1.
    
    The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and
 2.
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 Date:  March 19, 2010
    /s/  Kathryn B. McQuadeKathryn B. McQuadeExecutive Vice President and
Chief Financial Officer Page 2 of 2
# C_2019139EN.01009101.xml

| 15.4.2019 | EN | Official Journal of the European Union | C 139/91 |
| --- | --- | --- | --- |

15.4.2019

EN

Official Journal of the European Union

C 139/91

---

Action brought on 20 February 2019 — Kerry Luxembourg/EUIPO — Döhler (TasteSense)

(Case T-109/19)

(2019/C 139/90)

Language of the case: English

Parties

Applicant: Kerry Luxembourg Sàrl (Luxembourg, Luxembourg) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Döhler GmbH (Darmstadt, Germany)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union figurative mark TasteSense –Application for registration No 15 820 525

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 27 November 2018 in Case R 1178/2018-2

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | dismiss the opposition brought by Döhler GmbH against the registration of the mark TasteSense By Kerry No. 15 820 525; |
| --- | --- |

—

dismiss the opposition brought by Döhler GmbH against the registration of the mark TasteSense By Kerry No. 15 820 525;

| — | order EUIPO and Döhler, if it should intervene in these proceedings, to pay the costs. |
| --- | --- |

—

order EUIPO and Döhler, if it should intervene in these proceedings, to pay the costs.

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
<PAGE>

                                  BLUEFLY, INC.
                                 MARCH 31, 2003

                                                                    EXHIBIT 99.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the Quarterly Report of Bluefly, Inc. (the
"Company") on Form 10-Q for the period ending September 30, 2002, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I, E.
Kenneth Seiff, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

         1. The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

         2. The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

/s/ E. Kenneth Seiff

E. Kenneth Seiff
Chief Executive Officer
April 29, 2003

                                       21